Milk in the New England and Other Marketing Areas; Notice of Referenda; Determination of Representative Periods and Designation of Referendum Agents

Proposed Rules

Federal Register

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Proposed Rules

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1000, 1001, 1002, 1004, 1005, 1006, 1007, 1012, 1013,

1030, 1032, 1033, 1036, 1040, 1044, 1046, 1049, 1050, 1064, 1065,

1068, 1076, 1079, 1106, 1124, 1126, 1131, 1134, 1135, 1137, 1138,

and 1139

[DA-97-12]

Milk in the New England and Other Marketing Areas; Notice of

Referenda; Determination of Representative Periods and Designation of

Referendum Agents

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of referenda.

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7 CFR part Marketing area

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1000.................................. General Provisions of Federal

Milk Marketing Orders.

1001.................................. New England.

1002.................................. New York-New Jersey.

1004.................................. Middle Atlantic.

1005.................................. Carolina.

1006.................................. Upper Florida.

1007.................................. Southeast.

1012.................................. Tampa Bay.

1013.................................. Southeastern Florida.

1030.................................. Chicago Regional.

1032.................................. Southern Illinois-Eastern

Missouri.

1033.................................. Ohio Valley.

1036.................................. Eastern Ohio-Western

Pennsylvania.

1040.................................. Southern Michigan.

1044.................................. Michigan Upper Peninsula.

1046.................................. Louisville-Lexington-Evansville.

1049.................................

... Southern Illinois-Eastern

Missouri.

1033.................................. Ohio Valley.

1036.................................. Eastern Ohio-Western

Pennsylvania.

1040.................................. Southern Michigan.

1044.................................. Michigan Upper Peninsula.

1046.................................. Louisville-Lexington-Evansville.

1049.................................. Indiana.

1050.................................. Central Illinois.

1064.................................. Greater Kansas City.

1065.................................. Nebraska-Western Iowa.

1068.................................. Upper Midwest.

1076.................................. Eastern South Dakota.

1079.................................. Iowa.

1106.................................. Southwest Plains.

1124.................................. Pacific Northwest.

1126.................................. Texas.

1131.................................. Central Arizona.

1134.................................. Western Colorado.

1135.................................. Southwestern Idaho-Eastern

Oregon.

1137.................................. Eastern Colorado.

1138.................................. New Mexico-West Texas.

1139.................................. Great Basin.

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SUMMARY: This document announces that referenda will be conducted to

determine whether producers favor issuance of the orders regulating the

handling of milk in the 11 consolidated marketing areas formed from the

current 31 Federal milk marketing orders pursuant to Section 143 of the

Federal Agriculture Improvement and Reform Act of 1996 (Farm Bill), 7

U.S.C. 7253

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SUMMARY: This document announces that referenda will be conducted to

determine whether producers favor issuance of the orders regulating the

handling of milk in the 11 consolidated marketing areas formed from the

current 31 Federal milk marketing orders pursuant to Section 143 of the

Federal Agriculture Improvement and Reform Act of 1996 (Farm Bill), 7

U.S.C. 7253. The 31 current Federal milk order marketing areas are

merged and, in some cases, expanded and/or divided, to create 11 order

areas, and the provisions of the Federal milk marketing orders

regulating the handling of milk in the merged areas are set forth in

the final decision issued by the Under Secretary on March 12, 1999 (64

FR 16026), as corrected by a document issued by the Administrator,

Agricultural Marketing Service, on July 8, 1999 (64 FR 37892).

DATES: Each referendum is to be completed on or before 60 days after

the issuance of this order.

FOR FURTHER INFORMATION CONTACT: John F. Borovies, Branch Chief, USDA/

AMS/Dairy Programs, Order Formulation Branch, Room 2968 South Building,

P.O. Box 96456, Washington, DC 20090-6456, (202) 720-6274, e-mail

address John.B[email protected].

SUPPLEMENTARY INFORMATION: Prior documents in this proceeding:

Proposed Rule: Issued January 21, 1998; published January 30, 1998

(63 FR 4802).

Correction: Issued February 19, 1998; published February 25, 1998

(63 FR 9686).

Extension of Time: Issued March 10, 1998; published March 13, 1998

(63 FR 12417).

Final Decision on Proposed Amendments: Issued March 12, 1999;

published April 2, 1999 (64 FR 16026).

Correction: Issued July 8, 1999; published July 14, 1999 (64 FR

37892).

On March 12, 1999, the Under Secretary, Marketing and Regulatory

Programs, issued a final decision on the proposed consolidation of

Federal milk marketing areas and amendments to the consolidated Federal

milk orders, as required by Section 143 of the Federal Agriculture

Improvement and Reform Act of 1996 (Farm Bill), 7 U.S.C. 7253

: Issued July 8, 1999; published July 14, 1999 (64 FR

37892).

On March 12, 1999, the Under Secretary, Marketing and Regulatory

Programs, issued a final decision on the proposed consolidation of

Federal milk marketing areas and amendments to the consolidated Federal

milk orders, as required by Section 143 of the Federal Agriculture

Improvement and Reform Act of 1996 (Farm Bill), 7 U.S.C. 7253. Each of

the consolidated orders, as corrected by a document issued July 8, 1999

(64 FR 37892), must be approved by the producers whose milk would be

pooled under the order.

In addition to announcing that referenda will be conducted to

determine producer approval of the consolidated orders, this notice

contains a referendum order for each of the consolidated milk marketing

orders, as merged and amended, pursuant to the requirements of the

Agricultural Marketing Agreement Act of 1937. For each of the

consolidated orders, at least two-thirds of the producers defined under

the order, or such producers who produced at least two-thirds of the

total milk produced under the order, during the representative period

must approve the order before it becomes effective.

Referendum Orders To Determine Producer Approval; Determination of

Representative Period(s); and Designation of Referendum Agents

Northeast

It is hereby directed that a referendum be conducted to determine

whether the issuance of the order regulating the handling of milk in

the Northeast marketing area, which amends and merges the orders, as

amended, regulating the handling of milk in the New England, New York-

New Jersey and Middle Atlantic marketing areas, and adds contiguous

unregulated areas of Massachusetts, New Hampshire, and northern New

York and Vermont, is approved or favored by producers as defined under

the terms of the Northeast order as contained in the decision issued on

March 12, 1999 (64 FR 16016), who during the representative period were

engaged in the production of milk for sale within the marketing area

defined in the mer

as, and adds contiguous

unregulated areas of Massachusetts, New Hampshire, and northern New

York and Vermont, is approved or favored by producers as defined under

the terms of the Northeast order as contained in the decision issued on

March 12, 1999 (64 FR 16016), who during the representative period were

engaged in the production of milk for sale within the marketing area

defined in the merged Northeast order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

Erik F. Rasmussen is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.)

Appalachian

It is hereby directed that a referendum be conducted to determine

whether the issuance of the order regulating the handling of milk in

the Appalachian marketing area, which amends and merges the orders, as

amended, regulating the handling of milk in the Carolina and

Louisville-Lexington-Evansville marketing areas, and adds the marketing

area of the former Tennessee Valley order and 21 currently-unregulated

counties in Indiana and Kentucky, is approved or favored by producers

as defined under the terms of the Appalachian order as contained in the

decision issued on March 12, 1999 (64 FR 16016), who during the

representative period were engaged in the production of milk for sale

within the marketing area defined in the merged Appalachian order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

Arnold M. Stallings is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.).

Florida

production of milk for sale

within the marketing area defined in the merged Appalachian order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

Arnold M. Stallings is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.).

Florida

It is hereby directed that a referendum be conducted to determine

whether the issuance of the order regulating the handling of milk in

the Florida marketing area, which amends and merges the orders, as

amended, regulating the handling of milk in the Upper Florida, Tampa

Bay and Southeastern Florida marketing areas, is approved or favored by

producers as defined under the terms of the Florida order as contained

in the decision issued on March 12, 1999 (64 FR 16016), who during the

representative period were engaged in the production of milk for sale

within the marketing area defined in the merged Florida order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

Sue L. Mosley is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.).

Southeast

It is hereby directed that a referendum be conducted to determine

whether the issuance of the order regulating the handling of milk in

the consolidated Southeast marketing area is approved or favored by

producers, as defined under the terms of the Southeast order as

contained in the decision issued on March 12, 1999 (64 FR 16016), who

during the representative period were engaged in the production of milk

for sale within the marketing area defined in the consolidated

Southeast order

order regulating the handling of milk in

the consolidated Southeast marketing area is approved or favored by

producers, as defined under the terms of the Southeast order as

contained in the decision issued on March 12, 1999 (64 FR 16016), who

during the representative period were engaged in the production of milk

for sale within the marketing area defined in the consolidated

Southeast order. The proposed Southeast order amends and combines the

order, as amended, regulating the handling of milk in the current

Southeast marketing area with 1 county from the current Louisville-

Lexington-Evansville order area, 11 northwest Arkansas counties and 22

southern Missouri counties that currently are part of the Southwest

Plains order area, and 6 Missouri counties that currently are part of

the Southern Illinois-Eastern Missouri order area. In addition, 36

currently-unregulated Missouri and Kentucky counties are included in

the proposed Southeast order area.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

Sue L. Mosley is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.).

Mideast

It is hereby directed that a referendum be conducted to determine

whether the issuance of the order regulating the handling of milk in

the Mideast marketing area, which amends and merges the orders, as

amended, regulating the handling of milk in the Ohio Valley, Eastern

Ohio-Western Pennsylvania, Southern Michigan and Indiana Federal milk

marketing areas, and adds the area designated as Zone 2 of the current

Michigan Upper Peninsula milk order and most currently-unregulated

counties in Michigan, Indiana and Ohio, is approved or favored by

producers as defined under the terms of the Mideast order as contained

in the decision issued on March 12, 1999 (64 FR 16016), who during the

representative period were engaged in the production of milk for sale

wit

the area designated as Zone 2 of the current

Michigan Upper Peninsula milk order and most currently-unregulated

counties in Michigan, Indiana and Ohio, is approved or favored by

producers as defined under the terms of the Mideast order as contained

in the decision issued on March 12, 1999 (64 FR 16016), who during the

representative period were engaged in the production of milk for sale

within the marketing area defined in the merged Mideast order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

Marvin A. Baumer is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.).

Upper Midwest

It is hereby directed that a referendum be conducted to determine

whether the issuance of the order regulating the handling of milk in

the Upper Midwest marketing area, which amends and merges the orders,

as amended, regulating the handling of milk in the current Upper

Midwest and Chicago Regional Federal milk marketing areas, and adds the

areas designated as Zones I and I(a) of the Michigan Upper Peninsula

Federal order area and unregulated portions of Wisconsin, is approved

or favored by producers as defined under the terms of the Upper Midwest

order as contained in the decision issued on March 12, 1999 (64 FR

16016), who during the representative period were engaged in the

production of milk for sale within the marketing area defined in the

merged Upper Midwest order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

H. Paul Kyburz is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.).

Central

e

production of milk for sale within the marketing area defined in the

merged Upper Midwest order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

H. Paul Kyburz is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.).

Central

It is hereby directed that a referendum be conducted to determine

whether the issuance of the order regulating the handling of milk in

the Central marketing area, which amends and merges the orders, as

amended, regulating the handling of milk in the current Southern

Illinois-Eastern Missouri, Central Illinois, Greater Kansas City,

Southwest Plains (except for the portions included in the consolidated

Southeast order area), Western Colorado, Eastern Colorado, Nebraska-

Western Iowa, Eastern South Dakota, and Iowa Federal milk order

marketing areas, with the addition of 69 currently-unregulated counties

in Kansas, Missouri, Illinois, Iowa, Nebraska and Colorado, is approved

or favored by producers as defined under the terms of the Central order

as contained in the decision issued on March 12, 1999 (64 FR 16016),

who during the representative period were engaged in the production of

milk for sale within the marketing area defined in the merged Central

order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

Donald R. Nicholson is hereby designated agent of the Secretary to

conduct such referendum in accordance

with the procedure for the conduct of referenda (7 CFR 900.300 et

seq.).

Southwest

ona order, as amended, regulating the handling of

milk in that marketing area, with the Clark County, Nevada, portion of

the current Great Basin marketing area and adds 8 currently-unregulated

Arizona counties, is approved or favored by producers as defined under

the terms of the Arizona-Las Vegas order as contained in the decision

issued on March 12, 1999 (64 FR 16016), who during the representative

period were engaged in the production of milk for sale within the

marketing area defined in the Arizona-Las Vegas order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

James R. Daugherty is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.).

Western

It is hereby directed that a referendum be conducted to determine

whether the issuance of the order regulating the handling of milk in

the Western marketing area, which amends and merges the current Great

Basin and Southwestern Idaho-Eastern Oregon orders, as amended, minus

the Clark County, Nevada, portion of the current Great Basin marketing

area, is approved or favored by producers as defined under the terms of

the Western order as contained in the decision issued on March 12, 1999

(64 FR 16016), who during the representative period were engaged in the

production of milk for sale within the marketing area defined in the

Western order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

James R. Daugherty is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.).

Pacific Northwest

production of milk for sale within the marketing area defined in the

Western order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

James R. Daugherty is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.).

Pacific Northwest

It is hereby directed that a referendum be conducted to determine

whether the issuance of the order regulating the handling of milk in

the Pacific Northwest marketing area, as amended, with the addition of

one currently-unregulated Oregon county, is approved or favored by

producers as defined under the terms of the Pacific Northwest order as

contained in the decision issued on March 12, 1999 (64 FR 16016), who

during the representative period were engaged in the production of milk

for sale within the marketing area defined in the Pacific Northwest

order.

The month of March 1999 is hereby determined to be the

representative period for the conduct of such referendum.

James R. Daugherty is hereby designated agent of the Secretary to

conduct such referendum in accordance with the procedure for the

conduct of referenda (7 CFR 900.300 et seq.).

Marketing Agreement and Order

Annexed hereto and made a part hereof is a Marketing Agreement

regulating the handling of milk in the aforesaid marketing areas, which

has been decided upon as the detailed and appropriate means of

effectuating the conclusions reached in the final decision issued March

12, 1999 (64 FR 16026), as corrected in the document issued July 8,

1999 (64 FR 37892). It is hereby ordered that the Marketing Agreement

annexed hereto be published in the Federal Register

egulating the handling of milk in the aforesaid marketing areas, which

has been decided upon as the detailed and appropriate means of

effectuating the conclusions reached in the final decision issued March

12, 1999 (64 FR 16026), as corrected in the document issued July 8,

1999 (64 FR 37892). It is hereby ordered that the Marketing Agreement

annexed hereto be published in the Federal Register.

The Order amending the orders regulating the handling of milk in

the 11 consolidated marketing areas was proposed as the detailed and

appropriate means by which the conclusions of the final decision may be

carried out, and was published in the final decision issued March 12,

1999 (64 FR 16026), as corrected in the document issued July 8, 1999

(64 FR 37892). This referendum order provides for producer approval of

the provisions of the marketing orders for the 11 consolidated areas.

List of Subjects in 7 CFR Parts 1000, 1001, 1002, 1004, 1005, 1006,

1007, 1012, 1013, 1030, 1032, 1033, 1036, 1040, 1044, 1046, 1049,

1050, 1064, 1065, 1068, 1076, 1079, 1106, 1124, 1126, 1131, 1134,

1135, 1137, 1138, and 1139

Milk marketing orders.

Authority: 7 U.S.C. 601-674.

Dated: July 14, 1999.

Enrique E. Figueroa,

Administrator, Agricultural Marketing Service.

Marketing Agreement Regulating the Handling of Milk in Certain

Specified Marketing Areas

The parties hereto, in order to effectuate the declared policy

of the Act, and in accordance with the rules of practice and

procedure effective thereunder (7 CFR Part 900), desire to enter

into this marketing agreement and do hereby agree that the

provisions referred to in paragraph I hereof as augmented by the

provisions specified in paragraph II hereof, shall be and are the

provisions of this marketing agreement as if set out in full herein.

I. The findings and determinations, order relative to handling,

and the provisions of Secs

thereunder (7 CFR Part 900), desire to enter

into this marketing agreement and do hereby agree that the

provisions referred to in paragraph I hereof as augmented by the

provisions specified in paragraph II hereof, shall be and are the

provisions of this marketing agreement as if set out in full herein.

I. The findings and determinations, order relative to handling,

and the provisions of Secs. ________\1\ to ________, all inclusive,

of the order regulating the handling of milk in the said marketing

areas (7 CFR PART ________\2\) which was issued March 12, 1999 (64

FR 16026) and corrected in a document issued June ____, 1999 (64 FR

________); and

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\1\ First and last sections of order.

\2\ Appropriate Part number.

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II. The following provisions:

Sec. ________3. Record of milk handled and

authorization to correct typographical errors.

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\3\ Next consecutive section number.

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(a) Record of milk handled. The undersigned certifies that he/

she handled during the month of March 1999, ________ hundredweight

of milk covered by this marketing agreement.

(b) Authorization to correct typographical errors. The

undersigned hereby authorizes the Deputy Administrator, or Acting

Deputy Administrator, Dairy Programs, Agricultural Marketing

Service, to correct any typographical errors which may have been

made in this marketing agreement.

Sec. ________\3\. Effective date. This marketing agreement shall

become effective upon the execution of a counterpart hereof by the

Secretary in accordance with Section 900.14(a) of the aforesaid

rules of practice and procedure.

ting

Deputy Administrator, Dairy Programs, Agricultural Marketing

Service, to correct any typographical errors which may have been

made in this marketing agreement.

Sec. ________\3\. Effective date. This marketing agreement shall

become effective upon the execution of a counterpart hereof by the

Secretary in accordance with Section 900.14(a) of the aforesaid

rules of practice and procedure.

In Witness Whereof, The contracting handlers, acting under the

provisions of the Act, for the purposes and subject to the

limitations herein contained and not otherwise, have hereunto set

their respective hands and seals.

Signature

By (Name)--------------------------------------------------------------

(Title)----------------------------------------------------------------

(Address)--------------------------------------------------------------

(Seal)

Attest

[FR Doc. 99-18435 Filed 7-19-99; 8:45 am]

BILLING CODE 3410-02-P